In the majority of the personal injury cases, the victim is going to send a demand letter to the person or to the business entity or even to the municipality which is responsible. In this particular demand letter, he’s likely to ask for a certain amount of compensation. This is the very first step after you’ve been injured in a lawfully recognized accident in the personal injury field.
No-Fault Insurance Claim
As soon as the other party responds, you will be capable of moving forward with the next step – negotiations. This is a very important step and one that you’d have to take particularly serious. Don’t expect for the other party to be willing to pay up immediately. The only situation in which this could happen is if you have asked for a lot less than you’d be entitled to and the other party knows it. However, assuming that you are aware of your rights, this won’t be the case.
In any case, if the other party doesn’t seem to agree with your demands or fails to respond to your letter, there is only one option ahead of you and that is to file a claim in court. Keep in mind that the other party might also be an insurance company as it’s in the majority of cases in Ontario, as per the No Fault insurance rule in the Insurance Act.
Filing the claim
The first thing that you would have to consider is getting a reliable and experienced attorney who’s capable of driving the entire thing to success. Look for someone with the necessary experience in the field.
The claim itself needs to be flawless in terms of content. It should include everything that you claim and the circumstances around the entire case. Of course, a professionally tailored claim will skew the benefits towards your side in order to get the jury on board.
Laying out the circumstances
Make sure to thoroughly and extensively lay out all of the circumstances. The larger compensation you demand, the more should you emphasize on it. Do not let the facts speak for themselves – you need to ensure that you navigate the conclusion – do your best to make sure that everything goes in your favor.
Of course, there are quite a few technicalities that you would have to consider once you’ve filed the claim. Unfortunately enough, as soon as you do so, you will have to wait for the hearing – this is the first legal action of the court. The courts of Ontario are so busy that you are likely to get a date somewhere in the next 2 years. This is why settling the case is definitely the better time-sensitive option to consider. However, don’t try to settle it on your own but hire the services of an experienced lawyer to mediate and negotiate on your behalf with the insurance company.